Department of State September 2021 Visa Bulletin Summary

The Department of State has released the September Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in September 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance three months to July 1, 2018 and EB-2 India will advance three months to September 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will remain at January  8, 2019, and EB-3 India will advance six  months to January 1, 2014.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for September 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain at  November 15, 2015, and Vietnam, which will remain current. 

With respect to Application Filing Dates, all categories will remain unchanged from July except EB-2 China, which advances two months to September 1, 2018, and EB-3 India and Other Workers India, which both advance one month to March 1, 2014.

USCIS Announces Second FY2022 H-1B Cap Lottery Has Been Run

Today the United States Citizenship and Immigration Service (USCIS) announced that they did not receive a sufficient number of lottery submissions in the March 2021 lottery to meet the annual H-1B quota and, have thus, run a second H-1B lottery of the electronic registrations previously submitted. The filing window for newly selected petitions will be between August 2, 2021 and November 3, 2021.

Unfortunately at present there is a glitch in the myUSCIS website wherein, currently, only employers are able to log in and check on the registration status. The glitch is widespread (impacting all attorney accounts) and the immigration bar is already working with USCIS to get it resolved. In the meantime the company should be able to log into their myUSCIS to gain access to the newly selected cases and can forward those to immigration counsel for further action while USCIS resolves the website glitch.\

UPDATE: USCIS has resolved the attorney access issue and attorneys should not be able to log into their myUSCIS accounts to check on selected registrations.

State Department August 2021 Visa Bulletin

The Department of State has released the August Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in August 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance four months to April 1, 2018 and EB-2 India will remain at June 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will advance one week to January  8, 2019, and EB-3 India will advance over seven months to July 1, 2013.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for July 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will retrogress two days to November 15, 2015, and Vietnam, which will become current. 

With respect to Application Filing Dates, all categories will remain unchanged from July.

State Department Expands Validity of NIEs to 12 Months and Multiple Entries

Today the Department of State updated their website to indicate that National Interest Exceptions (NIEs) previously granted by U.S. embassies and consulates overseas will no longer be valid for 30 days for a single entry but, rather and unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted.

We have also heard reports from Customs and Border Protection (CBP) that NIEs granted by that agency will not benefit from this same expansion and will continue to be valid for a single entry to the U.S. within 30 days of issuance, but this has yet to be officially confirmed by the agency.

We expect that additional guidance regarding how individuals will demonstrate their continued eligibility to use previously granted NIEs (including how they will document that their travel is for the same purpose that the initial NIE was granted) will be forthcoming and D&S will continue to provide updates as they become available.

State Department July 2021 Visa Bulletin

The Department of State has released the July Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in July 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance seven months to December 1, 2017 and EB-2 India will advance seven months to June 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will advance four months  to January  1, 2019, and EB-3 India will advance over one year to January  1, 2013.

The EB-5 Regional Center program has not yet been reauthorized by Congress.  As a result, this category will not be available for July 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will move forward two months to November 18, 2015, and Vietnam, which will advance two years to April 15, 2020. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward six months to July 1, 2018. EB-3 China will move forward six months to July 1, 2019. EB-2 India will advance four months to December 1, 2011, and EB-3 India will advance one month to February 1, 2014. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from June.

Department of State June 2021 Visa Bulletin Summary

The Department of State has released the June 2021 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in June 2021, it will continue to accept adjustment of status applications for employment-based petitions based on final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance five months to May 1, 2017 and EB-2 India will advance four months to December 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance four and a half to September 1, 2018, and EB-3 India will advance nine months to November1, 2011.

For the EB-5 preference category, final action dates remain current for June for all countries of chargeability except for China, which moves forward one month to a September 15, 2015 final action date, and for Vietnam, which advances two months to an April 15, 2018 final action date. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward five months to January 1, 2018. EB-3 China will move forward four months to January 1, 2019. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from May.

Biden Administration Expands COVID-19 Related Travel Restrictions to Travelers from India

President Biden issued a proclamation expanding the travel restrictions which suspend the of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, Iran, and South Africa, to include travelers from India. The President cited the “magnitude and scope of the COVID-19 pandemic” in the country and surging new cases and the need for “science-based public health measure[s]“ to be implemented.

As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.

The expanded rule will become effective at 12:01 a.m. eastern standard time on May 4, 2021.

D&S will continue to monitor the situation and provide updates as they become available.

Department of State May 2021 Visa Bulletin Summary

The Department of State has released the May Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in May 2021, it will continue to accept adjustment of status applications for employment-based petitions based on the May Bulletin’s final action dates. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance two and half months to December 1, 2016 and EB-2 India will advance three months to August 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance two months to May 15, 2018, and EB-3 India will advance five months to February 1, 2011.

The EB-5 Regional Center program has been reauthorized by Congress until mid-2021.  As a result, final action dates remain current for March for all countries of chargeability except for China, which remains  subject to an August 15, 2015 final action date, and for Vietnam, which advances over two months to a February 15, 2018  final action date. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain unchanged at August 15, 2015, and Vietnam, which will advance over two months to February 15, 2018. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward six  months to July 1, 2017. EB-3 China will move forward one  month to September 1, 2018. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from April. 

Department of State April 2021 Visa Bulletin Summary

The Department of State has released the April Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. As of today, March 16, 2021, USCIS yes to confirm whether in April 2021, it will to accept adjustment of status applications for employment-based petitions based on the April Bulletin’s final action dates or application filing dates.

With respect to Final Action Dates, EB-1 China and EB-1 India will both become current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance two months to September 15, 2016 and EB-2 India will advance over three months to May 1, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance five weeks to March 15, 2018, and EB-3 India will advance two months to September 1, 2010. 

The EB-5 Regional Center program has been reauthorized by Congress until mid-2021.  As a result, final action dates remain current for March for all countries of chargeability except for China, which remains  subject to an August 15, 2015 final action date, and for Vietnam, which advances two months to a December 22, 2017 final action date. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain unchanged at August 15, 2015, and Vietnam, which will advance two months to December 22, 2017. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will remain current. EB-2 China will move forward three months to January 1, 2017. EB-3 China will move forward two months to August 1, 2018. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from March. 

Department of State Expands Interview Waiver Eligibility

The Department of State (“DOS”) has announced that it has has temporarily expanded the ability of consular officers to waive the in-person interview requirement for certain individuals applying for a nonimmigrant visa. Under the new policy, which will be in effect until December 31, 2021, applicants whose nonimmigrant visa expired within 48 months will be eligible for an interview waiver when applying for a new nonimmigrant visa in the same classification. Previously, only those applicants whose nonimmigrant visa had expired within 24 months were eligible for an interview waiver. DOS has indicated this change will reduce the risk of COVID-19 transmission as it will further limit the number of applicants who must appear at a consular section.

Applicants are encouraged to review the website of the specific U.S. embassy or consulate where they wish to apply for eligibility information and instructions on applying for a visa without an interview or to contact their D&S professional prior to booking travel.

Department of State March 2021 Visa Bulletin Summary

The Department of State has released the March 2021 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in March 2021, it will accept adjustment of status applications for employment-based petitions based on the March Bulletin’s final action dates. 

With respect to Final Action Dates, with the exception of India and China, all other EB-1 categories will remain current. EB-1 China and EB-1 India will advance seven months to August 1, 2020. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will advance one month to July 15, 2016 and EB-2 India will advance over three months to January 15, 2010. All EB-3 categories except India and China will remain current. EB-3 China will advance five weeks to February 8 2018, and EB-3 India will advance three months to July 1, 2010. 

The EB-5 Regional Center program has been reauthorized by Congress until mid-2021.  As a result, final action dates remain current for March for all countries of chargeability except for China, which remains  subject to an August 15, 2015 final action date, and for Vietnam, which advances three weeks to an October 22, 2017 final action date. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain unchanged at August 15, 2015, and Vietnam, which will advance three weeks to October 22 , 2017. 

With respect to Application Filing Dates, EB-1 China and EB-1 India will become current. All other categories (with the exception of the “Other Workers”, EB-4 special immigrants, and “Certain Religious Workers” categories) will remain unchanged from February.

Biden Administration Lifts Immigrant Visa Ban

The White House announced today, February 24, 2021, that the ban on the issuance of certain Immigrant Visas has been rescinded by President Biden. The ban, which prevented the issuance of certain employment-based, family-based, and Diversity Lottery immigrant visas was put in place on April 23, 2020 by the prior administration and subsequently extended. In lifting the restrictions, President Biden indicated that the ban "does not advance the interests of the United States" citing the harmful impact in individuals, businesses, and families, and to the United States as a whole.

Other visa bans put in place by the prior administration remain in effect, including a ban on certain employment-based nonimmigrant visas, and it remains to be seen whether President Biden will rescind those through a separate Presidential Proclamation.

USCIS Expands Premium Processing Service to E-3 Filings

USCIS announced today, February 24, 2021, that the agency has extended Premium Processing service to the E-3 visa classification.

Beginning immediately, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification (reserved for nationals of Australia coming to the United States to perform services in a "specialty occupation.") will have the option to request Premium Processing service for their petition.

USCIS' Premium Processing service, which was previously unavailable for E-3 filings, allows petitioners to pay an additional filing fee of $2,500 to expedite the adjudication of the case to 15 calendar days, a significant improvement over the current adjudication time frame of 6 to 7.5 months.